When you are dealing with any family law matter, getting an experienced attorney to handle your case is crucial. Our Montclair family lawyers understand that these cases involve sensitive topics and should be handled with care. Therefore, when you hire our dedicated attorneys you not only receive help from knowledgeable legal professionals who could develop your case but support during this difficult time as well.
Every state has different laws that deal with family conflicts. Whether someone is ending their marriage, needs to modify a condition of their divorce agreement, needs help drafting a prenuptial agreement, or has another family law concern, it is essential to work with an attorney in Montclair who frequently handles these matters.
Our team of attorneys could help someone navigate these legal processes smoothly and keep them informed of developments to their case. Whether a case requires aggressive negotiation tactics at the settlement table or a compelling presentation before a family law judge, a lawyer could execute all aspects of a case and offer unwavering support throughout the process.
Family law encompasses a range of legal concerns that a Montclair attorney could help someone handle. We offer assistance with these types of cases as well as many others.
While New Jersey law allows both fault and no-fault divorce, it imposes specific requirements on when a person can file. In the case of no-fault divorce, the couple usually needs to reside away from each other for at least 18 months before they can file a divorce action. For a fault divorce, one of the spouses must have lived in New Jersey for at least 12 months. A lawyer in Montclair could help someone file the appropriate documents for their given family law case.
Two related issues of crucial concern are child support and alimony. Both parents must support their children and provide for their financial needs. Often, the court orders both parents to pay child support. The court bases the amount of each party’s obligation on their respective incomes as well as other factors. The length of the couple’s marriage and the financial solvency of both parties also play a considerable role in the final amount of spousal support someone may owe.
There are two types of custody that a court may award in a particular case. Physical custody determines where a child lives, and legal custody decides which parent can make decisions about their child’s life. If it is in the best interests of the child, a court usually prefers to award joint custody to both parents. However, a judge may give sole custody to one parent if they determine that the other party is unfit to have custodial rights. When one parent has primary custody, the other may have visitation rights, unless this is not in the best interests of the child.
Another common family law matter that may require assistance from a Montclair lawyer is property division during divorce. New Jersey is an equitable distribution state, which means that the court divides a couple’s marital property fairly, but not necessarily equally. An attorney may consult with expert evaluators and forensic accountants, if needed, to determine the true value of a couple’s assets. Then, an attorney could fight hard to protect the assets to which one spouse may be entitled.
After a divorce, there may be situations where one or both parties may need to modify an existing order, such as a custody or child support agreement. These modifications can only happen in the event of a substantial change in circumstances. For example, if one parent is relocating out of state, they may need to request a modification of their custody order. An attorney could help someone seek modifications to their existing order or help protect someone from an unfair alteration.
A Montclair family lawyer could work diligently to ease the exceptional burden that these issues may lead to. Even when a family law matter is undisputed, there can still be many complex procedures involved. As a result, you should work with a lawyer from the outset of your case. To find out more about how a lawyer could help with your family law matter, call the office today and schedule a consultation.